II 

118TH CONGRESS 

2D SESSION S. 5258 

To amend the Migratory Bird Treaty Act to clarify the treatment of authentic 

Alaska Native articles of handicraft containing nonedible migratory bird 

parts, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 25, 2024 

Mr. SULLIVAN introduced the following bill; which was read twice and referred 

to the Committee on Environment and Public Works 

A BILL 

To amend the Migratory Bird Treaty Act to clarify the 

treatment of authentic Alaska Native articles of handicraft containing nonedible migratory bird parts, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Archie Cavanaugh Mi5 gratory Bird Treaty Amendment Act’’. 

6 SEC. 2. PURPOSE. 

7 The purpose of this Act is to clarify the treatment 

8 of authentic Alaska Native articles of handicraft under— 


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1 (1) the Convention between the United States 

2 and Great Britain for the Protection of Migratory 

3 Birds, signed at Washington on August 16, 1916 

4 (USTS 628) (16 U.S.C. 703 et seq.); 

5 (2) the Convention between the United States 

6 and Mexico for the Protection of Migratory Birds 

7 and Game Mammals, signed at Mexico City on Feb8 ruary 7, 1936 (USTS 912) (16 U.S.C. 703 et seq.); 

9 (3) the Convention between the United States 

10 and Japan for the Protection of Migratory Birds 

11 and Birds in Danger of Extinction and Their Envi12 ronment, signed at Tokyo on March 4, 1974 (TIAS 

13 7990) (16 U.S.C. 703 et seq.); and 

14 (4) the Convention between the United States 

15 and the Soviet Union Concerning the Conservation 

16 of Migratory Birds and Their Environment, signed 

17 at Moscow on November 19, 1976 (TIAS 9073) (16 

18 U.S.C. 703 et seq.). 

19 SEC. 3. CLARIFICATION FOR ALASKA NATIVE ARTICLES 

20 CONTAINING MIGRATORY BIRD PARTS. 

21 (a) IN GENERAL.—Section 2 of the Migratory Bird 

22 Treaty Act (16 U.S.C. 703) is amended by adding at the 

23 end the following: 

24 ‘‘(c) CLARIFICATION FOR AUTHENTIC ALASKA NA25 TIVE ARTICLES OF HANDICRAFT.— 


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1 ‘‘(1) DEFINITIONS.—In this subsection: 

2 ‘‘(A) ALASKA NATIVE.—The term ‘Alaska 

3 Native’ means a member of any Indian Tribe 

4 (as defined in section 4 of the Indian Self-De5 termination and Education Assistance Act (25 

6 U.S.C. 5304)) that is based in the State of 

7 Alaska, as verified through issuance of— 

8 ‘‘(i) a Tribal enrollment card; 

9 ‘‘(ii) a Certificate of Degree of Indian 

10 Blood (commonly known as a ‘CDIB’) by 

11 the Bureau of Indian Affairs; or 

12 ‘‘(iii) a permit under the Silver Hand 

13 program of the Alaska State Council on 

14 the Arts. 

15 ‘‘(B) AUTHENTIC ALASKA NATIVE ARTICLE

16 OF HANDICRAFT.— 

17 ‘‘(i) IN GENERAL.—The term ‘authen18 tic Alaska Native article of handicraft’ 

19 means any item that is— 

20 ‘‘(I) composed, wholly or in a sig21 nificant respect, of natural materials 

22 that were found, foraged, or gifted; 

23 and 

24 ‘‘(II) produced, decorated, or 

25 fashioned in significant part— 


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1 ‘‘(aa) by an Alaska Native; 

2 ‘‘(bb) in the exercise of tra3 ditional Alaska Native handi4 crafts; and 

5 ‘‘(cc) without the use of any 

6 mass copying device. 

7 ‘‘(ii) INCLUSIONS.—The term ‘authen8 tic Alaska Native article of handicraft’ in9 cludes— 

10 ‘‘(I) any weaving, carving, stitch11 ing, sewing, lacing, beading, drawing, 

12 or painting that meets the criteria de13 scribed in clause (i); and 

14 ‘‘(II) any item, including cloth15 ing, described in subclause (I) that 

16 combines the techniques described in 

17 that subclause. 

18 ‘‘(2) CLARIFICATION FOR CERTAIN AUTHENTIC

19 ALASKA NATIVE ARTICLES OF HANDICRAFT.—Sub20 ject to paragraph (3) and notwithstanding any other 

21 provision of this Act, nothing in this Act prohibits 

22 the possession, offering for sale, sale, offering to 

23 barter, barter, offering to purchase, purchase, deliv24 ery for shipment, shipment, causing to be shipped or 

25 delivered for transportation, transport, causing to be 


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1 transported, carrying, causing to be carried, or re2 ceiving for shipment, transportation, or carriage of 

3 any authentic Alaska Native article of handicraft on 

4 the basis that the authentic Alaska Native article of 

5 handicraft contains a nonedible migratory bird part. 

6 ‘‘(3) LIMITATION.—This subsection does not 

7 apply to an authentic Alaska Native article of handi8 craft containing a part of a migratory bird that was 

9 taken in a wasteful or illegal manner.’’. 

10 (b) ADMINISTRATION.—Not later than 180 days after 

11 the date of enactment of this Act— 

12 (1) the Secretary of State shall work with the 

13 Secretary of the Interior to enter into appropriate 

14 bilateral procedures, as necessary, with countries 

15 that are parties to the treaties described in para16 graphs (1) through (4) of section 2 to clarify the 

17 treatment of authentic Alaska Native articles of 

18 handicraft (as defined in subsection (c)(1) of section 

19 2 of the Migratory Bird Treaty Act (16 U.S.C. 

20 703)) containing nonedible migratory bird parts 

21 from the species of migratory birds listed in those 

22 treaties in accordance with the amendments made by 

23 subsection (a); and 

24 (2) the Secretary of the Interior shall modify 

25 any regulations implementing the Migratory Bird 


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1 Treaty Act (16 U.S.C. 703 et seq.), as appropriate, 

2 to implement the amendments made by this Act. 

3 (c) TECHNICAL AMENDMENT.—Section 2(a) of the 

4 Migratory Bird Treaty Act (16 U.S.C. 703) is amended 

5 by inserting a comma after ‘‘March 4, 1972’’. 

Æ 


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